Hex Service Agreement

Last Modified: June 24, 2026

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This Agreement applies only to Enterprise plans or subscriptions with Order Forms.

This is the most current version and applies to all Order Forms entered into on or after June 24, 2026.

Previous Versions

• February 25, 2025 – June 23, 2026
• Before February 25, 2025

For Community, Professional, and Team plans, refer to the Terms of Service.

This Hex Service Agreement (“Agreement”) governs Customer’s access to and use of the Hex Service. “Hex” means Hex Technologies Inc., with offices at 2261 Market Street #4233, San Francisco, CA 94114. “Customer” means the entity identified in the applicable Order Form. By executing an Order Form that references this Agreement, or by accessing or using the Hex Service in any manner, Customer agrees to be bound by this Agreement and all terms, policies, and documents incorporated by reference, including the applicable Order Form, Acceptable Use Policy (“AUP”), Data Processing Addendum (“DPA”), Hex’s Security Addendum (“Security Addendum”), Hex’s Privacy Policy (“Privacy Policy”), Hex’s Subprocessor List (“Subprocessor List”), and Documentation (each available at https://learn.hex.tech/docs/legal or as otherwise linked in this Agreement). Hex may update this Agreement and incorporated documents in accordance with Section 9.11. The current version at each posted URL controls, subject to the notice requirements in Section 9.11.

The person executing this Agreement on behalf of Customer represents and warrants that they have the authority to bind Customer to this Agreement. If Customer does not agree, Customer must not access or use the Service.

1. SERVICE

   1.1. Service Usage Rights. Subject to the terms and conditions of this Agreement, including payment by Customer of the Fees applicable to the Order Form, Hex hereby grants to Customer, during the Term, a limited, non-exclusive, non-transferable (except as permitted in Section 9.9), non-sublicensable, worldwide license for its Authorized Users to access and use the Service, whether directly or through automated tools, APIs, or integrations, solely for Customer’s internal business purposes subject to any usage limits specified or applicable in the Order Form. Each Authorized User must have a unique account. Authorized Users may not share their login credentials with anyone. Customer is responsible for all access to and use of the Service through Customer’s accounts. Customer’s designated administrator(s) are authorized to place orders, enable features, and modify subscriptions through the Service on Customer’s behalf, and any such actions constitute binding commitments under this Agreement.

   1.2. Service Restrictions. Customer will not, and will not permit its Authorized Users to: (i) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent applicable law prohibits this restriction; (ii) copy, modify, frame, mirror, or create derivative works of the Service; (iii) sell, resell, rent, lease, sublicense, or provide access to the Service to any third party, or use the Service for the benefit of any third party, except through the Service’s APIs or Customer’s authorized integrations; (iv) use the Service to build a competitive product or service, or systematically use the Service, or any outputs from or interactions with the Service, to train or develop any competing AI or machine learning model; (v) use the Service for benchmarking, competitive analysis, or monitoring the availability or performance of the Service; (vi) scrape, extract, or systematically collect data from the Service using automated tools, scripts, or third-party agents, except as permitted under Section 1.1; (vii) circumvent or disable any security measure of the Service, except for good-faith security research disclosed to Hex in accordance with Hex’s vulnerability disclosure program; (viii) transmit viruses, malicious code, or any material that interferes with the Service; (ix) remove any copyright or proprietary notices from the Service or its outputs; or (x) use the Service in violation of applicable law, the Acceptable Use Policy, or this Agreement. Hex may suspend or terminate access to the Service upon written notice if Hex reasonably determines that Customer or any Authorized User has violated this Section, Section 1.9, or the AUP; provided that no prior notice is required where immediate suspension is reasonably necessary to prevent harm to the Service, other customers, or third parties, or to comply with applicable law.

   1.3. Service Support. Hex will provide Support for the Service in accordance with Customer’s Order Form.

   1.4. Technical Requirements. Customer is solely responsible for any Customer System(s) and Third-Party Service(s) used with the Service, including databases, data warehouses, and integrations. Hex disclaims all warranties related to any Customer System(s) or Third-Party Service(s).

   1.5. Changes to the Service and Regulatory Compliance. Customer acknowledges that the regulatory environment for artificial intelligence is evolving. Hex may update, modify, or discontinue features, functionality, or components of the Service from time to time, including AI models, algorithms, third-party providers, and infrastructure. Hex may also restrict features or functionality in specific jurisdictions to comply with applicable laws and regulations. Hex will use commercially reasonable efforts to notify Customer of material changes. No such update, modification, discontinuation, or restriction will, by itself, constitute a breach of this Agreement or a material change to the Service, provided the core functionality described in the Documentation remains materially available.

   1.6. Usage Data. Hex may collect and analyze data relating to the access, use, and performance of the Service (“Usage Data”), including technical logs, metadata, telemetry, authentication data, device and connection information, administrative settings, and usage patterns related to Customer Data (such as how frequently it is accessed). Usage Data excludes Customer Data itself. As between Hex and Customer, Hex owns all right, title, and interest in Usage Data. Hex may use Usage Data in de-identified and aggregated form, during and after the Term, to maintain, improve, and enhance Hex’s products and services and to develop new products, features, and offerings. Usage Data will not be combined or re-identified in any way that would reveal Customer Data or identify Customer or its Authorized Users. Hex may make Usage Data publicly available, provided it does not identify Customer or its Authorized Users. Hex will not use Usage Data for third-party advertising or sell it to data brokers.

   1.7. AI Data Practices. (a) Neither Hex nor its AI Services providers will use Customer Data to train, improve, or develop any AI models or services. The foregoing does not restrict AI Services providers from processing Customer Data for safety, security, or legal compliance purposes in accordance with their applicable terms identified on the Subprocessor List. (b) Notwithstanding Section 1.7(a), Hex may use Customer Data to create and maintain models solely for Customer’s use and benefit (“Customer Model(s)”). Customer Models will not be made available to any other customer, and Hex will not incorporate Customer Data into any model or service available to third parties. Customer retains all rights in the underlying Customer Data; Hex retains all rights in the algorithms and methodologies used to create the Customer Model. (c) Hex will delete any Customer Models upon termination or expiration of the Agreement in accordance with Section 8.5. Customer may opt out of Customer Models by providing at least thirty (30) days’ prior written notice through the Service settings or by notifying Hex at [email protected].

   1.8. AI Services. The Service incorporates artificial intelligence and machine learning features, including third-party AI-powered tools, automated agents, and large language models (collectively, “AI Services”). A current list of AI Services providers is available at https://learn.hex.tech/docs/legal/subprocessors. Customer’s administrators may enable or disable AI Services through the Service settings. Customer’s use of the AI Services involves sharing Customer Data with third-party AI Services providers to generate Outputs and trigger actions. Customer authorizes Hex to share Customer Data with these providers. Hex’s agreements with AI Services providers require them to maintain the confidentiality of Customer Data and comply with Section 1.7. Certain AI Services or models may be subject to additional provider-specific terms, which are identified on the Subprocessor List or otherwise made available through the Service; by enabling such AI Services, Customer agrees to the applicable provider-specific terms. Hex is not liable for any unavailability, errors, or degraded performance of the AI Services caused by third-party AI Services providers. Customer may have the option of using its own account with certain AI Services (“Third-Party Account”). If so, Customer’s use of any such AI Services shall be governed solely by the terms and conditions applicable to such Third-Party Account, as agreed to between Customer and the third-party provider. If Customer accesses the AI Services through a Third-Party Account, Customer: (a) acknowledges and agrees that Customer is responsible for all activity under the AI Services and any content derived therefrom; (b) authorizes the Service to share Customer Data with such AI Services; (c) is responsible for all payment obligations associated with the Third-Party Account; and (d) understands that Hex is not responsible for any liability resulting from Customer’s failure to comply with its obligations under the Third-Party Account or with respect to the provision of such AI Services.

   1.9. Customer Responsibilities. (a) Customer is responsible for reviewing all Outputs for accuracy and appropriateness before use; Hex does not guarantee that Outputs will be accurate, complete, or suitable for any purpose. (b) Where Customer uses automated agent functionality within the AI Services, Customer is responsible for configuring permissions, authorizing actions, and reviewing results, and is responsible for all actions taken by automated agents as if taken by the authorizing Authorized User. (c) All interactions with the Service initiated by automated systems, agents, or programmatic workflows on Customer’s behalf constitute Customer’s use of the Service and count toward applicable usage limits; Customer assumes all risk associated with third-party systems, integrations, or agent frameworks that Customer authorizes to access the Service, and Hex is not liable for any loss or damage arising from such access. (d) The AI Services are not a substitute for professional judgment; Customer may not use the AI Services where use or failure could lead to death, personal injury, or environmental damage, or to make or materially support consequential decisions about individuals without appropriate human oversight as required by applicable law. (e) Customer is solely responsible for ensuring that its use of automated agents through the Service complies with the terms, policies, and technical requirements of any third-party service, website or platform accessed by or on behalf of Customer. Customer acknowledges that any third-party service, website or platform may at any time restrict, suspend, or prohibit the use of agents, and that such restrictions may result in loss of functionality and/or interruption of workflows of the Service and Hex shall have no obligation to modify the Service to accommodate such changes.

   1.10. Third-Party Services. The Service integrates with Third-Party Services. Customer is responsible for enabling and configuring each integration. Hex may share or receive Customer Data through these integrations to provide the Service. Third-Party Services are not under Hex’s control, and Customer’s use of them is governed by Customer’s agreement with the applicable provider.

   1.11. Previews. Hex may make available products, features, or functionality not yet generally available (“Previews”), whether labeled as beta, alpha, pilot, preview, experimental, or similar. Previews are provided “as is,” are not intended for production use, and may be modified, discontinued, or never made generally available. Previews are excluded from the warranty in Section 4.1 and any service level commitments, as may be applicable. Hex has no liability arising from Customer’s use of a Preview with respect to the Preview’s features, functionality, availability, or performance. Once generally released, continued use may be subject to additional fees. Hex’s obligations regarding data security, confidentiality, and Customer Data protection continue to apply to Previews.

2. OWNERSHIP

   2.1. Ownership of Intellectual Property. Hex retains all rights, title, and interest, including all Intellectual Property Rights, in and to the Hex Properties. Customer retains all right, title, and interest in and to the Customer Data, including all Inputs and Outputs created by Customer or its Authorized Users using the Service. Customer’s ownership of Outputs does not extend to the Hex Properties, including any underlying models, algorithms, prompts, templates, or other components of the Service used to generate such Outputs. Hex makes no representation or warranty that any Output is eligible for copyright or other intellectual property protection under applicable law. Customer may not remove, alter, or obscure any proprietary rights notices contained in or affixed to the Hex Properties.

   2.2. No Rights by Implication. Except for the rights expressly granted in this Agreement, no license or right is granted to either party by the other party by implication or otherwise.

   2.3. Feedback. Customer may voluntarily provide Hex with suggestions, feature requests, or other feedback concerning the Service (“Feedback”). Customer hereby grants Hex an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit Feedback for any purpose, including to maintain, improve, and enhance Hex’s products and services, without payment to Customer. Hex will not identify Customer as the source of any Feedback. Feedback shall not include Customer Data and is provided AS-IS.

   2.4. License to Customer Data. During the Term, Customer retains all right, title, and interest in and to the Customer Data. Customer hereby grants Hex a nonexclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to extract, process, display, copy, store, transmit, modify, and otherwise access and use the Customer Data solely for purposes of providing and maintaining the Service, providing Support for the Service, and making the Service available to Customer and its Authorized Users. Hex may sublicense this right to its subprocessors and service providers as necessary to provide, maintain and support the Service.

3. FEES AND TRIALS

   3.1. Payment Terms. Except as otherwise set forth in an Order Form, Fees will be due and payable thirty (30) days after Customer’s receipt of an undisputed invoice. Customer shall provide Hex with accurate billing and contact information and notify Hex of any changes to such information. All Fees are non-refundable and non-cancellable except as otherwise set forth herein.

   3.2. Renewal Term Fees. Hex reserves the right to modify the Fees payable by Customer for any Order Form renewal upon at least sixty (60) days’ written notice to Customer prior to expiration of the applicable Order Form’s then-current Term.

   3.3. Usage Pricing, Subscriptions and True-Up. Except as otherwise provided in the applicable Order Form: (i) licenses are purchased for the Term stated therein; (ii) additional license quantities may be added during a Term at the same pricing as the underlying subscription and shall be co-terminated and prorated for the remainder of the applicable Term. Certain features of the Service may be subject to usage limits, quotas, consumption-based pricing or other usage-based pricing or fees as specified on the Order Form. Hex may from time-to-time change such limitations or pricing by providing reasonable notice to Customer, provided that such changes shall only become effective from the date specified in the notice and in any event shall not have any retrospective effect. If Customer’s actual license usage exceeds the license usage quantity (determined monthly) set forth in the Order Form, Hex will notify Customer (email sufficing) of such overage and will invoice Customer the Fees for the excess license usage, prorated for the remainder of the then-current Term.

   3.4. Disputed Payments. Customer may withhold invoiced amounts that are disputed by Customer in good faith (but must pay any undisputed portion of the invoice) if Customer, within such 30-day period: (a) notifies Hex of the amounts that are disputed; (b) specifically states the reasons for such dispute; and (c) provides Hex with all reasonable documentation in support of Customer’s position. The amounts withheld may not exceed the specific line items or charges to which the dispute directly relates. If a dispute is not resolved within sixty (60) days, Hex may, at its option, refer the matter to the dispute resolution process set forth in Section 9.13, and Customer shall pay the disputed amount into escrow or promptly upon resolution, whichever is earlier. The parties will work together to resolve any disputes expeditiously. Any disputed amounts determined to have been payable will be paid by Customer within thirty (30) days of such determination.

   3.5. Interest. If any undisputed Fees payable under this Agreement are not paid when due then, without prejudice to Hex’s other rights under this Agreement, that sum will bear interest from the due date until the date when payment is received by Hex, both before and after any judgment, at the rate of one and a half percent (1.5%) per month, or if lower the maximum rate allowed by applicable law. Hex will also be entitled to recover from Customer the reasonable costs and expenses incurred in connection with collecting any undisputed Fees (including costs of investigation, collection agency, court, and attorneys’ fees).

   3.6. Resellers and Payment Processors. Customer may purchase the Service through a Hex-authorized reseller (“Reseller”) or pay through a third-party payment processor (“Payment Processor”). Customer’s payment obligations and relationship with any Reseller or Payment Processor are governed by Customer’s agreement with them. Hex may disclose information about Customer, this Agreement, or any Order Form to such Reseller or Payment Processor.

   3.7. Taxes. All payments, Fees, and any other charges payable by Customer to Hex under this Agreement are exclusive of all local, state, federal and foreign taxes, levies, and duties of any nature, including sales, goods and services, value added, property, excise, withholding and use taxes (collectively, “Taxes”). Customer shall bear, and is responsible for paying, all Taxes imposed on Customer or Hex arising out of this Agreement, excluding any tax based on Hex’s net income.

   3.8. Free Trials. Hex may offer a trial of the Service (“Trial”). Trials are limited to the features and duration communicated by Hex and may be used only for evaluating the Service. Upon expiration, access ceases unless Customer purchases a license to the Service. Trials do not auto-renew.

4. WARRANTY AND LIABILITY

   4.1. Limited Warranty. Hex warrants that the Service will conform in all material respects to the Documentation during the Term. This warranty does not apply to the extent a nonconformity results from (a) modification of the Service by or on behalf of anyone other than Hex, (b) use of the Service with Customer Systems not recommended in the Documentation, or (c) use of the Service not in conformance with the Documentation. This warranty does not apply to Trials or Previews, and does not extend to the accuracy or completeness of Documentation.

   4.2. Representation. Each party represents that it has validly entered into this Agreement and has the legal power to do so.

   4.3. Remedy. If the Service does not conform to the warranty in Section 4.1, Hex will, as its sole obligation and Customer’s sole remedy, at Hex’s election: (i) use commercially reasonable efforts to correct the nonconformity, provided it can be recreated by Hex; (ii) replace the nonconforming Service; or (iii) if neither is commercially feasible, terminate the Order Form for the affected Service and refund Customer the prepaid fees corresponding to the remaining period. Customer must notify Hex in writing within ten (10) days of identifying a nonconformity, with a specific description, and Hex will verify it before proceeding.

   4.4. DISCLAIMER. EXCEPT AS PROVIDED IN SECTION 4.1, THE HEX PROPERTIES, AI SERVICES, AND ANY CODE, APPLICATIONS, OR OTHER CONTENT OR OUTPUT GENERATED BY THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HEX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. HEX DOES NOT GUARANTEE THAT THE SERVICE OR AI SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET CUSTOMER’S REQUIREMENTS. AI SERVICES MAY PRODUCE INACCURATE OUTPUTS, INCLUDING HALLUCINATIONS. HEX MAKES NO WARRANTIES REGARDING THE ACCURACY OF ANY OUTPUT. CUSTOMER IS RESPONSIBLE FOR VERIFYING ALL OUTPUT BEFORE USE. CUSTOMER ASSUMES ALL RISK IN CONNECTION WITH ITS USE OF AND RELIANCE ON THE HEX PROPERTIES, AI SERVICES, THIRD-PARTY SERVICES, AND ALL OUTPUT. HEX HAS NO LIABILITY FOR ANY LOSS CAUSED BY THE UNAVAILABILITY, INCOMPLETENESS, OR INACCURACY OF CUSTOMER DATA.

   4.5. LIABILITY.

   4.5.1. OTHER THAN, IN THE CASE OF HEX AS INDEMNITEE, IN RESPECT OF DAMAGES INCURRED OR PAID TO A THIRD PARTY, OR WHICH ARE INCLUDED UNDER CUSTOMER’S INDEMNIFICATION OBLIGATIONS OR CUSTOMER’S BREACH OF SECTION 1.2 (SERVICE RESTRICTIONS), NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INDIRECT DAMAGES, ANY LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY COST OF COVER ARISING OUT OF THIS AGREEMENT, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   4.5.2. EXCEPT FOR ANY UNDISPUTED FEES DUE FROM CUSTOMER, CUSTOMER’S BREACH OF ANY SERVICE USAGE RIGHTS AND RESTRICTIONS, VIOLATION OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS, EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 5 (INDEMNITY), OR IN THE EVENT OF DAMAGE CAUSED INTENTIONALLY OR BY GROSS NEGLIGENCE OR OF DEATH, BODILY INJURY OR DAMAGE TO HEALTH, AND EXCEPT AS PROVIDED IN SECTION 4.5.3, NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, OR THE NUMBER OF CLAIMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO THE FEES ACTUALLY PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE THAT IS THE SUBJECT OF SUCH CLAIM WITHIN TWELVE (12) MONTHS PRECEDING THE INITIAL INCIDENT GIVING RISE TO THE LIABILITY (“GENERAL LIABILITY CAP”). THE PARTIES AGREE THAT THIS SECTION REFLECTS A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES IN LIGHT OF THE TERMS OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREUNDER.

   4.5.3. IN THE CASE OF CLAIMS ARISING OUT OF DATA BREACHES OR UNDER THE DPA OR BAA, AS APPLICABLE, HEX’S TOTAL LIABILITY TO CUSTOMER AND ITS AFFILIATES FOR ALL CLAIMS IN THE AGGREGATE (FOR DAMAGES OR LIABILITY OF ANY TYPE) SHALL NOT EXCEED TWO TIMES (2X) THE ANNUAL SUBSCRIPTION FEES ACTUALLY PAID OR PAYABLE BY CUSTOMER UNDER THE APPLICABLE ORDER FORM WITHIN TWELVE (12) MONTHS PRECEDING THE INITIAL INCIDENT GIVING RISE TO THE LIABILITY (“DATA BREACH CLAIMS CAP”). IN NO EVENT SHALL HEX BE LIABLE FOR THE SAME EVENT UNDER BOTH THE GENERAL LIABILITY CAP AND THE DATA BREACH CLAIMS CAP. SIMILARLY, THOSE CAPS SHALL NOT BE CUMULATIVE; IF CUSTOMER (AND/OR ITS AFFILIATES) HAS ONE OR MORE CLAIMS SUBJECT TO EACH OF THOSE CAPS, THE MAXIMUM TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE SHALL NOT EXCEED THE DATA BREACH CLAIMS CAP.

5. INDEMNITY

   5.1. Indemnity of Customer.

   5.1.1. Subject to the limitations below, Hex shall defend, or at Hex’s option, settle, any claim, demand, suit, or proceeding made or brought against Customer, its directors, employees, and agents by a third party alleging that the use of the Service received by Customer pursuant to an Order Form infringes such third party’s Intellectual Property Rights enforceable in a jurisdiction where Customer is authorized to access and use the Service under this Agreement (“Claim Against Customer”), and shall indemnify and hold Customer harmless from any and all costs, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) finally awarded against Customer as a result of, or for amounts paid by Customer under a court-approved settlement of a Claim Against Customer, provided that Customer (i) promptly gives Hex written notice of the Claim Against Customer, (ii) gives Hex sole control of the defense and settlement of the Claim Against Customer, and (iii) gives Hex all reasonable assistance. Customer may, at its expense, participate in any such action, suit, or claim with counsel of choice.

   5.1.2. The above obligations do not apply to the extent (i) Customer settles or makes any admissions with respect to the applicable claim without Hex’s prior written consent; or (ii) a Claim Against Customer arises from: (a) Customer Data or Outputs from the Service, (b) actions taken by automated agents with Customer’s approval which gave rise to the Claim Against Customer, (c) Customer’s material breach of this Agreement which gave rise to the Claim Against Customer, (d) use of the Service in combination with any software, hardware, network, technology or system not provided by Hex, (e) compliance with any Customer requirements or specifications outside the Documentation, or (f) any matter covered by Customer’s indemnification obligations.

   5.1.3. If any Claim Against Customer which Hex is obligated to defend has occurred, or in Hex’s determination, is likely to occur, Hex may in its discretion and at no cost to Customer (i) modify the Service so that it no longer infringes, without breaching the warranty set forth in Section 4.1, (ii) obtain a license for Customer’s continued use of the Service in accordance with this Agreement, or if such remedies are not reasonably available, (iii) terminate the Order Form for the affected Service and refund Customer the prepaid fees corresponding to the remaining period.

   5.1.4. This section states Hex’s sole liability to, and the Customer’s exclusive remedy against, Hex for third party IP infringement claims as described in this section.

   5.2. Indemnity of Hex. Customer shall defend, or at Customer’s option, settle, any claim, demand, suit, or proceeding made or brought against Hex, its directors, employees, and agents by a third party arising out of (i) Customer’s or any of its Authorized Users’ violation of this Agreement or applicable law; (ii) any claim that the Customer Data or any Output infringes, misappropriates, or otherwise violates the Intellectual Property Rights or rights of privacy of any third party; (iii) any submission of Restricted Data or At-Risk Data to Hex by Customer or any of its Authorized Users; (iv) any access to or use of the Service by Customer or any of its Authorized Users in a manner that exceeds the scope of the license granted hereunder or that otherwise violates this Agreement; (v) any Customer System; or (vi) any action taken by a script, automated workflow, or third-party integration authorized by Customer to access or interact with the Service (each of the foregoing, a “Claim Against Hex”), and shall indemnify and hold Hex harmless from any and all costs, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) incurred by or awarded against Hex as a result of, or for amounts paid by Hex under a court-approved settlement of a Claim Against Hex, provided that Hex (a) promptly gives Customer written notice of the Claim Against Hex, (b) gives Customer sole control of the defense and settlement of the Claim Against Hex, and (c) gives Customer all reasonable assistance. Hex may, at its expense, participate in any such action, suit, or claim with counsel of its choice. Customer shall not settle any claim in a manner that imposes any liability, obligation, or admission of fault on Hex, or that requires Hex to make any payment, take or refrain from taking any action, or otherwise adversely affects Hex’s rights, without Hex’s prior written consent, which shall not be unreasonably withheld. Any settlement entered into in violation of this provision shall be void as to Hex and shall not bind Hex in any manner.

6. CONFIDENTIAL INFORMATION

   6.1. Confidential Information. Any information furnished to one party (“Recipient”) by the other party (“Discloser”) that (i) is marked at the time of disclosure as being “Confidential” or words of similar import or (ii) is identified orally as being confidential or proprietary, or (iii) is of such a nature or the circumstances of the disclosure are such that a reasonable person would understand that the information should be treated as confidential (“Confidential Information”). The Hex Properties are deemed Hex’s Confidential Information regardless of whether so marked. Customer Data is deemed Customer’s Confidential Information. Personal Data (as defined in Section 7.1) shall be protected in accordance with Section 7. Confidential Information will not include information that Recipient can demonstrate by contemporaneous records (a) was rightfully known by Recipient prior to the date it was disclosed by Discloser, (b) is lawfully disclosed to Recipient without obligation of confidentiality by a third party, (c) becomes generally known to the public through no act or omission on the part of Recipient, or (d) is independently developed by Recipient without reference to or reliance upon any Confidential Information of Discloser.

   6.2. Use Restriction and Disclosure. The Recipient shall (i) not use Confidential Information of the Discloser for any purposes other than for performing its obligations or exercising its rights under this Agreement and (ii) hold such Confidential Information in strict confidence and protect such Confidential Information with the same degree of care (but no less than a reasonable degree of care) the Recipient uses to protect its own Confidential Information. The obligations set forth in this Section 6 shall survive expiration or termination of this Agreement for a period of three (3) years, except that obligations with respect to trade secrets shall continue for so long as such information remains a trade secret under applicable law. Notwithstanding the foregoing, the Recipient may disclose Confidential Information of the Discloser (a) to the Recipient’s directors, officers, or legal or business advisors to the extent reasonably necessary to carry out its obligations or exercise its rights under this Agreement, and to investors and acquirers in connection with due diligence, provided that such persons are legally bound to maintain such information as confidential as required by this section, or (b) if required to be disclosed by the Recipient pursuant to a judicial or governmental statute, rule, or order, provided that the Recipient gives sufficient written notice (to the extent permissible) prior to any disclosure to seek a protective order or injunction or other opportunity to limit disclosure, and the Recipient shall disclose only such Confidential Information as is required to be disclosed.

7. PROTECTION OF CUSTOMER DATA

   7.1. Data Protection.

   7.1.1. Security Measures. Hex will use commercially reasonable efforts to implement and maintain physical, technical, and administrative security measures designed to protect the Customer Data stored with Hex. For further information, see Hex’s security program available at https://hex.tech/security/. Customer will promptly notify Hex if Customer becomes aware of any unauthorized access to the Service originating from Customer’s environment or credentials and will cooperate with Hex’s investigation and response efforts in the event of a suspected or confirmed security incident involving Customer Data.

   7.1.2. Personal Data. Each party warrants that it shall use, collect, store and/or process personal data as defined under and in accordance with any applicable data privacy laws (“Personal Data”). Customer agrees to the terms of the Hex Data Processing Addendum (“DPA”) available at https://learn.hex.tech/docs/legal/dpa, which is hereby incorporated by reference into this Agreement and is subject to its terms. To the extent Hex Processes (as defined in the DPA) Personal Data in performance of the Service, the DPA governs such Processing. In the event of any conflict between this Agreement and the DPA with respect to Personal Data, the DPA controls.

   7.2. Access to Customer Data. Customer understands and acknowledges that the ability of Customer and its Authorized Users to operate and utilize the Service is dependent upon Customer providing or making available for access by the Service (and Third-Party Services) all required Customer Data via Customer System(s). As between Customer and Hex, Customer is solely and exclusively responsible for obtaining and providing all consents, authorizations, permissions, notices, and access to Customer System(s), as may be necessary or helpful to facilitate the Service’s access to the Customer Data. Customer acknowledges and agrees that Hex shall not be liable to Customer or to any third party for any failure, delay, or deficiency in the performance of the Service arising from (i) any system failure or technical deficiency on the part of Customer or its service providers that prevents or limits access by the Service to Customer Data or other necessary Customer content, materials, data, or information, or (ii) any error or deficiency in the Customer Data. As between Customer and Hex, Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data, and for ensuring that Customer Data does not: (a) infringe, misappropriate, or violate the Intellectual Property Rights, rights of privacy or publicity, or other proprietary rights of any third party, (b) violate any applicable law, or (c) contain any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

   7.3. HIPAA Data, Restricted, and At-Risk Data.

   7.3.1. If Customer is located in the United States, Customer agrees not to upload to the Service any Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) data unless Customer has entered into Business Associate Addendum (“BAA”) with Hex first and the Order Form denotes a HIPAA compliant environment has been selected by Customer. Unless a BAA is in place, Hex will have no liability under this Agreement for PHI, notwithstanding anything to the contrary in this Agreement. Upon mutual execution of the BAA, the BAA is incorporated by reference into this Agreement and is subject to its terms.

   7.3.2. Restricted Data. Except as otherwise provided related to PHI in Section 7.3.1 above, the Service is not designed with security controls for processing or storing data that is subject to heightened regulatory or industry-specific security requirements (“Restricted Data”), including without limitation cardholder or payment card data protected by PCI-DSS, and “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act and Hex makes no representations as to the use of the Service for the processing of such Restricted Data. Customer shall not submit Restricted Data to the Service unless the Order Form denotes a PCI compliant environment has been selected by Customer. Hex may make additional compliance environments available from time to time, as described at https://hex.tech/security or in the applicable Order Form.

   7.3.3. At-Risk Data. Customer acknowledges that the Service is not designed with specialized safeguards for processing biometric identifiers or information, precise geolocation data, data of individuals under 18 years of age, genetic data, or health-related data not governed by a BAA between the parties (collectively, “At-Risk Data”) and Customer assumes all risk and liability regarding the use of the Service to process such At-Risk Data. Customer may submit At-Risk Data at Customer’s sole risk. Hex assumes no additional security or compliance obligations with respect to At-Risk Data beyond those set forth in Section 7.1. To the extent any At-Risk Data constitutes Special Data Categories as defined in the DPA, the terms of the DPA govern.

   7.4. External Storage of Customer Data. Customer agrees and acknowledges that Hex is not a provider of data back-up, archiving, or data retention services. Customer is solely and exclusively responsible for the backing up, archiving, and retaining of all Customer Data. Hex does not make any representations, warranties, or guarantees that any Customer Data or other of Customer’s information, data or materials will not be lost, altered, destroyed, damaged, or corrupted. Other than Data Breaches, Hex has no obligation or liability for any loss, alteration, destruction, damage, corruption, or recovery of any Customer Data through or in connection with Customer’s use of the Service.

8. TERM AND TERMINATION

   8.1. Term. This Agreement will remain in effect during the Term of any unexpired Order Form, unless terminated earlier in writing pursuant to the terms of this section. For the avoidance of doubt, upon the renewal of an Order Form, the term of this Agreement shall be extended accordingly. Order Forms may not be terminated for Customer’s convenience during the Term.

   8.2. Auto-Renewal. The Term of each Order Form shall automatically renew for successive periods equal to one (1) year or the preceding term, whichever is shorter, at the prior quantity of licenses (including any overages or add-ons), unless either party cancels such renewal by notifying the other party in writing at least sixty (60) days prior to the expiration of the then-current applicable Term, unless otherwise agreed in the Order Form.

   8.3. Termination for Breach. Either party may terminate this Agreement and any Order Form immediately upon written notice to the other party, if the other party is in material breach of this Agreement and fails to correct the breach thirty (30) days following written notice from the other party specifying the breach. For the avoidance of doubt, if Customer fails to pay any undisputed Fees and such failure continues for more than fifteen (15) days following written notice from Hex, Hex may terminate this Agreement and any affected Order Form immediately upon written notice. Notwithstanding anything to the contrary, Hex may alternatively suspend the Service, if Customer violates any Service Usage Rights and Restrictions.

   8.4. Termination for Insolvency. Either party may terminate this Agreement and any Order Form immediately upon written notice to the other party if the other party has a receiver appointed, or an assignee for the benefit of creditors or in the event of any insolvency or inability to pay debts as they become due by the other party, except as may be prohibited by applicable bankruptcy laws.

   8.5. Effect of Termination. Expiration or termination of this Agreement will not relieve any party of its obligations to pay any undisputed amounts accrued or otherwise owed under this Agreement and any Order Form. Upon termination or expiration of this Agreement and any Order Forms, all licenses or rights granted to Customer hereunder shall terminate and Customer shall not use the Service, and Hex shall have no further obligation to provide the Service or Support. Customer shall promptly delete all Hex Confidential Information and download its Customer Data from the Service prior to termination. Hex is not otherwise obligated to provide data export, migration, or transition assistance. Hex will delete Customer’s Service account and associated Customer Data within thirty (30) days following Customer’s written request. If Customer does not submit a deletion request, Hex may, at its sole discretion, delete the account or transition it to a free Community tier account subject to the then-current terms available at https://learn.hex.tech/docs/legal/tos. Any provision that is intended to continue after termination shall not be affected by the termination of this Agreement.

   8.6. Survival. The provisions of the following Sections of this Agreement will survive any expiration or earlier termination of the Agreement: Section(s) 1.2 (Service Restrictions), 1.6 (Usage Data), 1.7 (AI Data Practices), 1.9 (Customer Responsibilities), 2 (Ownership), 3.1-3.8 (Fees), 4.4 (Disclaimer), 4.5 (Liability), 5 (Indemnity), 6 (Confidential Information), 7 (Protection of Customer Data), 8.5 (Effect of Termination), 8.6 (Survival), 9 (with exception of 9.2 and 9.8) (Miscellaneous), and 10 (Definitions).

9. MISCELLANEOUS

   9.1. Notices. All notices and communications under this Agreement (“Notices”) shall be in writing, by hand delivery, nationally recognized courier service, prepaid certified mail, or email. Hex may send Notices to Customer by email to the address associated with Customer’s account or through the Service. Customer shall send all Notices to Hex at Hex Technologies Inc., 2261 Market Street #4233, San Francisco, CA 94114 USA, Attn: Legal; with copy to [email protected].

   9.2. Publicity. Any use of Customer’s name or logo for marketing purposes requires Customer’s prior written consent unless otherwise agreed in the Order Form.

   9.3. Injunctive Relief. Each party acknowledges and agrees that any breach of its obligations with respect to Confidential Information and Intellectual Property Rights may cause substantial harm to the other party that could not be remedied by payment of damages alone. Accordingly, the other party will be entitled, in addition to any other rights or remedies, to seek injunctive relief, notwithstanding the exclusive venue provision in Section 9.12, in any jurisdiction where damage may occur.

   9.4. Exports. Each party shall comply with all applicable export control laws, rules, and regulations (collectively, “Export Controls”) with respect to its provision or use of the Service (as applicable), including the Export Administration Regulations promulgated by the U.S. Department of Commerce and the laws, statutes, regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury. Each party represents that it is not on (or owned or controlled by any person identified on) the OFAC Specially Designated Nationals and Blocked Persons List or any other list of prohibited or restricted parties promulgated under Export Controls. Without limiting the foregoing, Customer shall not export or re-export all or any part of the Service without Hex’s prior written consent.

   9.5. Anti-Corruption. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or representative of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate this restriction.

   9.6. No Waiver. Neither party’s failure nor delay in exercising any of its rights will constitute a waiver of such rights unless expressly waived in writing.

   9.7. Relationship. The relationship between the parties is that of independent contractors, and nothing contained in this Agreement will be construed to constitute the parties as agents, partners, joint ventures, or otherwise as participants in a joint undertaking.

   9.8. Force Majeure. Neither party will be liable for any delay or failure in the performance of its obligations under this Agreement (other than payment obligations) if the delay or failure is due to any cause outside of such party’s reasonable control (“Force Majeure”). If Force Majeure continues for more than sixty (60) days preventing a party from performing, the other party may terminate this Agreement upon written notice without penalty to either party.

   9.9. Assignment. Neither this Agreement nor any rights granted hereunder may be assigned or otherwise transferred (whether by operation of law or otherwise), in whole or in part, by either party, without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. However, no such consent will be required in the event of an assignment to either party’s Affiliate, or a merger, change of control, corporate reorganization, or a sale of substantially all of the assigning party’s assets that relate to this Agreement. Any attempted assignment will be void and of no effect unless permitted by the foregoing. This Agreement shall inure to the benefit of the parties’ permitted successors and assigns.

   9.10. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be interpreted in a manner that best reflects the parties’ intentions, and the remaining provisions of this Agreement will remain in full force and effect.

   9.11. Entire Agreement. This Agreement, together with all documents incorporated by reference in the preamble, constitutes the entire agreement between Hex and Customer regarding the subject matter hereof. Hex may update the Agreement and incorporated documents (AUP, DPA, Privacy Policy, Security Addendum, Subprocessor List, and Documentation) in accordance with their respective terms. If Hex makes material changes to the Agreement or any incorporated document, Hex will provide Customer with notice through the Service, by email, or by other reasonable means at least thirty (30) days before such changes become effective; provided, however, that if an Order Form specifies a fixed term of twelve (12) months or longer, material changes will instead become effective upon the start of the next renewal Term, if applicable. If any such change is not acceptable to Customer, as Customer’s sole and exclusive remedy, Customer may choose not to renew, including canceling the auto-renewal of any Term, in accordance with Section 8.2. For the avoidance of doubt, any Order Form is subject to the version of the Agreement in effect at the time of the Order Form. Negotiated terms between Hex and Customer that expressly prohibit unilateral modification will not be affected by updates under this Section. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the Order Form, (2) this Hex Service Agreement, (3) the DPA, and (4) the Documentation and other incorporated documents. The terms on any purchase order, confirmation, or similar document submitted by Customer to Hex will have no effect and are hereby rejected.

   9.12. Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or related to this Agreement, its subject matter or formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, USA, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Delaware. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The parties further agree that except as stated below in the Arbitration provision, the exclusive venue and jurisdiction for any dispute arising or relating to this Agreement shall be the State or Federal courts of competent jurisdiction located in the State of Delaware. Customer agrees to waive any and all objections to the exercise of jurisdiction over Customer by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM CUSTOMER MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

   9.13. Dispute Resolution and Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IF THERE IS A DISPUTE ABOUT WHETHER THIS ARBITRATION AGREEMENT CAN BE ENFORCED OR APPLIES TO THE DISPUTE, CUSTOMER AND HEX AGREE THAT THE ARBITRATOR WILL DECIDE THAT ISSUE.

   9.13.1. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, Customer and Hex each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. Hex will contact Customer at the email address Customer has provided to Hex; Customer can contact Hex by email at [email protected]. If after a good faith effort to negotiate, one party feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

   9.13.2. Exceptions to Arbitration Agreement. Customer and Hex each agree that the following claims are exceptions to Arbitration and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

   9.13.3. Arbitration Rules.

   (a.) If Customer is domiciled in the U.S. - Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

   (b.) If Customer is domiciled internationally outside the U.S. - Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.

   (c.) Modification to AAA Rules - Arbitration Hearing/Location. Customer agrees that any required arbitration hearing will be conducted in the English language by one (1) mutually agreed upon arbitrator, (a) in San Francisco County, USA or appearances may be made via phone or video conference; and (b) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

   9.14. Waiver of Jury Trial and Class Action Waiver. EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT. CUSTOMER AND HEX EACH AGREE THAT ANY SUIT, PROCEEDING, OR OTHER ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

   9.15. Ultimate Federal Government Provisions. Hex will provide the Service, including related Documentation and technology for ultimate federal government end use solely in accordance with the following: government technical data and software rights related to the Service include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not granted under these terms, it must negotiate with Hex to determine if there are acceptable terms for granting those rights, and a mutually acceptable written addendum specifically granting those rights must be included in any applicable agreement.

   9.16. Interpretation. (a) Whenever the words “including,” “include,” “includes,” or “such as” are used in this Agreement, they will be deemed to be followed by the phrase “without limitation.” (b) The word “or” is not exclusive; (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (d) words denoting any gender include all genders.

10. DEFINITIONS

    10.1. Definitions. Capitalized terms not otherwise defined shall have the meaning set forth in this section.

    10.1.1. “Affiliate” means any individual, corporation, partnership, or business entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of more than 50% of the voting shares.

    10.1.2. “Agreement” means, collectively, this Hex Service Agreement, the Order Form elected by Customer, and all documents incorporated by reference herein, including the AUP, DPA, Security Addendum, Privacy Policy, Subprocessor List, and Documentation.

    10.1.3. “Authorized User” means a Customer employee or contractor who is authorized by Customer to use the Service on behalf of Customer.

    10.1.4. “Customer Data” means any data, code, information, or other content that is made available, by or on behalf of Customer or any Authorized User, for upload to or access, analysis, or processing by the Service. Customer Data also includes Inputs and Outputs.

    10.1.5. “Customer System” means any application owned, operated, licensed, or managed by Customer or its Affiliate with which the applicable Hex Service is connected.

    10.1.6. “Data Breach” means an actual breach of Hex’s security that is directly caused by a breach of Section 7.1.1 of this Agreement by Hex leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Data in Hex’s possession, custody or control. Data Breaches do not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, or other network attacks on firewalls or networked systems.

    10.1.7. “Documentation” means Hex’s published user documentation that describes the design, functions, operation, or use of the Service ordinarily made available to all its customers as may be updated by Hex from time-to-time.

    10.1.8. “Fees” means any fees which Customer is required to pay in accordance with this Agreement and the Order Form.

    10.1.9. “Hex Service” or “Service” means any service and associated APIs made available by Hex to Customer as SaaS under the Order Form.

    10.1.10. “Hex Properties” means the Service, Documentation, Usage Data, and all underlying models, algorithms, prompts, templates, and other components of the Service, including all copies, portions, extracts, selections, arrangements, compilations, adaptations, modifications, and improvements thereof, and all derivative works of any of the foregoing.

    10.1.11. “Intellectual Property Rights” means any worldwide common law and statutory rights, whether arising under the applicable law or any other state, country, jurisdiction, government, or public legal authority, associated with (i) patents, utility models, and invention disclosures and applications therefor, (ii) trade secrets, know-how and proprietary information, (iii) copyrights, works of authorship, copyright registrations and applications thereof; (iv) trademarks, service marks, designs and other designations of source, (v) industrial designs, (vi) all rights in databases and data collections, (vii) all moral and economic rights of authors and inventors, however denominated, (viii) rights to apply for, file for, certify, register, record, or perfect any of the foregoing, and (ix) any similar or equivalent rights to any of the foregoing (as applicable).

    10.1.12. “Input” means Customer Data submitted by or on behalf of Customer to the Services for processing.

    10.1.13. “Order Form” means the ordering document executed by Customer and Hex specifying the Service, Fees, Term, and any other terms applicable to Customer’s subscription.

    10.1.14. “Output” means content generated by the Services in response to an Input.

    10.1.15. “Personal Data” means personal data or personal information as defined under applicable data privacy laws.

    10.1.16. “Support” means support service in connection with the Service under the respective support plan indicated in the Order Form.

    10.1.17. “Term” means the initial subscription period and any renewal periods as set forth in the applicable Order Form.

    10.1.18. “Third-Party Service” means third-party services, technology, or applications which are not provided by Hex or Customer, including third-party applications which host Customer Data.